[NFBMT] SB 291 Update

Mon Mar 18 09:47:47 UTC 2019

SB 291: Revise Laws on Voting Systems and Ballot Forms 

Had its first reading before the Senate Administration Committee on Monday,
February 25, and passed its second reading as amended on Tuesday, February
26, unanimously.  It passed its third reading before the Senate
Administration Committee as amended on Wednesday, February 27, by a vote of
49 to 1, and was transmitted to the House administration Committee on
Wednesday, February 27.  It had its first reading before the House
Administration Committee on Thursday, February 28, and was not tabled.

Here is the current text of the bill as amended.

Montana SB0291

2019 Montana Legislature

SENATE BILL NO. 291

INTRODUCED BY F. THOMAS

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING LAWS RELATED ONLY TO VOTING
SYSTEMS AND BALLOT FORM; SPECIFYING THAT AN APPROVED VOTER INTERFACE DEVICE
WITH ACCESSIBLE VOTING TECHNOLOGY FOR DISABLED ELECTORS MUST BE AVAILABLE AT
EVERY POLLING PLACE; SPECIFYING MINIMUM STANDARDS FOR DEVICE APPROVAL BY THE
SECRETARY OF STATE; SPECIFYING STANDARDS FOR USE OF THE DEVICE BY COUNTY
ELECTION ADMINISTRATORS; AMENDING SECTIONS 13-1-101, 13-12-202, AND
13-17-103, MCA; AND

PROVIDING AN IMMEDIATE EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:     

NEW SECTION.  Section 1.  Accessible voting technology. (1) The intent of
this section is to:

     (a) ensure that disabled electors have access to voting technology that
allows the electors to cast ballots independently, privately, and securely;

     (b) provide that votes cast using accessible voting technology are
COLLECTED AND counted in a manner that preserves secrecy; and

     (c) comply with applicable federal and state law concerning
accessibility for disabled electors.

     (2) County election administrators shall ensure that at least one voter
interface device is available at each polling place. Each voter interface
device must be set up and located within the polling place in a manner that
allows any elector using the device to cast a ballot independently and
privately.

A county may choose the type of voter interface device to be used in the
county, subject to 13-17-101, INCLUDING THE PROVISION OF ACCOMMODATIONS TO
PROVIDE A PHYSICAL BARRIER OR OTHER METHOD TO ENSURE THAT THE SCREEN OF THE
DEVICE IS BLOCKED FROM THE VIEW OF OTHER VOTERS IN THE POLLING PLACE.

     (3) Subject to subsection (4):

     (a) votes on a ballot produced by a voter interface device may be
counted manually or using an automatic tabulating system;

     (b) ballots counted manually must be counted in accordance with
13-15-206; and

     (c) if ballots produced by a voter interface device cannot be processed
through an automatic tabulator used in the county and the election
administrator does not provide for the ballots to be counted manually, the
election administrator may provide for the votes on each ballot produced by
the device to

be transcribed to the standard ballot form used in the precinct so that the
ballots may be processed through an automatic tabulator used in the county.

     (4) (a) If the voter interface device produces a ballot form that is
distinguishable from the standard ballot form used in the precinct, the
county election administrator shall take measures to protect the secrecy of
the votes cast by an elector using the device.

     (b) Measures to ensure secrecy may include but are not limited to:

     (i) encouraging a portion of the nondisabled electors to use the devise
to cast their ballots; or

     (ii) providing MUST PROVIDE that votes on a ballot produced by the voter
interface device are transcribed in secret to the standard ballot form used
in the precinct so that the ballots are indistinguishable from and counted
with the other ballots.     

(C) MEASURES MAY ALSO INCLUDE ENCOURAGING A PORTION OF THE NONDISABLED
ELECTORS TO USE THE DEVICE TO CAST THEIR BALLOT.

     (5) Any transcription of votes conducted pursuant to this section must
be conducted by at least three election officials in substantially the same
manner as provided for in 13-13-246.     

Section 2.  Section 13-1-101, MCA, is amended to read:     

"13-1-101.  Definitions. As used in this title, unless the context clearly
indicates otherwise, the following definitions apply:

     (1)  "Active elector" means an elector whose name has not been placed on
the inactive list due to failure to respond to confirmation notices pursuant
to 13-2-220 or 13-19-313.

     (2)  "Active list" means a list of active electors maintained pursuant
to 13-2-220.

     (3)  "Anything of value" means any goods that have a certain utility to
the recipient that is real and that is ordinarily not given away free but is
purchased.

     (4)  "Application for voter registration" means a voter registration
form prescribed by the secretary of state that is completed and signed by an
elector, is submitted to the election administrator, and contains voter
registration information subject to verification as provided by law.

     (5)  "Ballot" means a paper ballot counted manually or a paper ballot
counted by a machine, such as an optical scan system or other technology that
automatically tabulates votes cast by processing the paper ballots.

     (6)  (a) "Ballot issue" or "issue" means a proposal submitted to the
people at an election for their approval or rejection, including but not
limited to an initiative, referendum, proposed constitutional amendment,
recall question, school levy question, bond issue question, or ballot
question.

     (b)  For the purposes of chapters 35 and 37, an issue becomes a "ballot
issue" upon certification by the proper official that the legal procedure
necessary for its qualification and placement on the ballot has been
completed, except that a statewide issue becomes a "ballot issue" upon
preparation

and transmission by the secretary of state of the form of the petition or
referral to the person who submitted the proposed issue.

     (7)  "Ballot issue committee" means a political committee specifically
organized to support or oppose a ballot issue.

     (8)  "Candidate" means:

     (a)  an individual who has filed a declaration or petition for
nomination, acceptance of nomination, or appointment as a candidate for
public office as required by law;

     (b)  for the purposes of chapter 35, 36, or 37, an individual who has
solicited or received and retained contributions, made expenditures, or given
consent to an individual, organization, political party, or committee to
solicit or receive and retain contributions or make expenditures on the
individual's

behalf to secure nomination or election to any office at any time, whether or
not the office for which the individual will seek nomination or election is
known when the:

     (i)  solicitation is made;

     (ii) contribution is received and retained; or

     (iii) expenditure is made; or

     (c)  an officeholder who is the subject of a recall election.

     (9)  (a) "Contribution" means:

     (i)  the receipt by a candidate or a political committee of an advance,
gift, loan, conveyance, deposit, payment, or distribution of money or
anything of value to support or oppose a candidate or a ballot issue;

     (ii) an expenditure, including an in-kind expenditure, that is made in
coordination with a candidate or ballot issue committee and is reportable by
the candidate or ballot issue committee as a contribution;

     (iii) the receipt by a political committee of funds transferred from
another political committee; or

     (iv) the payment by a person other than a candidate or political
committee of compensation for the personal services of another person that
are rendered to a candidate or political committee.

     (b)  "Contribution" does not mean services provided without compensation
by individuals volunteering a portion or all of their time on behalf of a
candidate or political committee or meals and lodging provided by individuals
in their private residences for a candidate or other individual.

     (10) "Coordinated", including any variations of the term, means made in
cooperation with, in consultation with, at the request of, or with the
express prior consent of a candidate or political committee or an agent of a
candidate or political committee.

     (11) "De minimis act" means an action, contribution, or expenditure that
is so small that it does not trigger registration, reporting, disclaimer, or
disclosure obligations under Title 13, chapter 35 or 37, or warrant
enforcement as a campaign practices violation under Title 13, chapter 37.

     (12) "Election" means a general, special, or primary election held
pursuant to the requirements of state law, regardless of the time or purpose.

     (13) (a) "Election administrator" means, except as provided in
subsection (13)(b), the county clerk and recorder or the individual
designated by a county governing body to be responsible for all election
administration duties, except that with regard to school elections not
administered by the county,

the term means the school district clerk.

     (b)  As used in chapter 2 regarding voter registration, the term means
the county clerk and recorder or the individual designated by a county
governing body to be responsible for all election administration duties even
if the school election is administered by the school district clerk.

     (14) (a) "Election communication" means the following forms of
communication to support or oppose a candidate or ballot issue:

     (i)  a paid advertisement broadcast over radio, television, cable, or
satellite;

     (ii) paid placement of content on the internet or other electronic
communication network;

     (iii) a paid advertisement published in a newspaper or periodical or on
a billboard;

     (iv) a mailing; or

     (v)  printed materials.

     (b)  The term does not mean:

     (i)  an activity or communication for the purpose of encouraging
individuals to register to vote or to vote, if that activity or communication
does not mention or depict a clearly identified candidate or ballot issue;

     (ii) a communication that does not support or oppose a candidate or
ballot issue;

     (iii) a bona fide news story, commentary, blog, or editorial distributed
through the facilities of any broadcasting station, newspaper, magazine,
internet website, or other periodical publication of general circulation;

     (iv) a communication by any membership organization or corporation to
its members, stockholders, or employees; or

     (v)  a communication that the commissioner determines by rule is not an
election communication.

     (15) "Election judge" means a person who is appointed pursuant to Title
13, chapter 4, part 1, to perform duties as specified by law.

     (16) (a) "Electioneering communication" means a paid communication that
is publicly distributed by radio, television, cable, satellite, internet
website, newspaper, periodical, billboard, mail, or any other distribution of
printed materials, that is made within 60 days of the initiation of voting in
an election,

that does not support or oppose a candidate or ballot issue, that can be
received by more than 100 recipients in the district voting on the candidate
or

ballot issue, and that:

     (i)  refers to one or more clearly identified candidates in that
election;

     (ii) depicts the name, image, likeness, or voice of one or more clearly
identified candidates in that election; or

     (iii) refers to a political party, ballot issue, or other question
submitted to the voters in that election.

     (b)  The term does not mean:

     (i)  a bona fide news story, commentary, blog, or editorial distributed
through the facilities of any broadcasting station, newspaper, magazine,
internet website, or other periodical publication of general circulation
unless the facilities are owned or controlled by a candidate or political
committee;

     (ii) a communication by any membership organization or corporation to
its members, stockholders, or employees;

     (iii) a commercial communication that depicts a candidate's name, image,
likeness, or voice only in the candidate's capacity as owner, operator, or
employee of a business that existed prior to the candidacy;

     (iv) a communication that constitutes a candidate debate or forum or
that solely promotes a candidate debate or forum and is made by or on behalf
of the person sponsoring the debate or forum; or

     (v)  a communication that the commissioner determines by rule is not an
electioneering communication.

     (17) "Elector" means an individual qualified to vote under state law.

     (18) (a) "Expenditure" means a purchase, payment, distribution, loan,
advance, promise, pledge, or gift of money or anything of value:

     (i)  made by a candidate or political committee to support or oppose a
candidate or a ballot issue; or

     (ii) used or intended for use in making independent expenditures or in
producing electioneering communications.

     (b)  "Expenditure" does not mean:

     (i)  services, food, or lodging provided in a manner that they are not
contributions under subsection (9);

     (ii) payments by a candidate for personal travel expenses, food,
clothing, lodging, or personal necessities for the candidate and the
candidate's family;

     (iii) the cost of any bona fide news story, commentary, blog, or
editorial distributed through the facilities of any broadcasting station,
newspaper, magazine, or other periodical publication of general circulation;
or

     (iv) the cost of any communication by any membership organization or
corporation to its members or stockholders or employees.

     (19) "Federal election" means an election in even-numbered years in
which an elector may vote for individuals for the office of president of the
United States or for the United States congress.

     (20) "General election" means an election that is held for offices that
first appear on a primary election ballot, unless the primary is canceled as
authorized by law, and that is held on a date specified in 13-1-104.

     (21) "Inactive elector" means an individual who failed to respond to
confirmation notices and whose name was placed on the inactive list pursuant
to 13-2-220 or 13-19-313.

     (22) "Inactive list" means a list of inactive electors maintained
pursuant to 13-2-220 or 13-19-313.

     (23) (a) "Incidental committee" means a political committee that is not
specifically organized or operating for the primary purpose of supporting or
opposing candidates or ballot issues but that may incidentally become a
political committee by receiving a contribution or making an expenditure.

     (b)  For the purpose of this subsection (23), the primary purpose is
determined by the commissioner by rule and includes criteria such as the
allocation of budget, staff, or members' activity or the statement of purpose
or goal of the person or individuals that form the committee.

     (24) "Independent committee" means a political committee organized for
the primary purpose of receiving contributions and making expenditures that
is not controlled either directly or indirectly by a candidate and that does
not coordinate with a candidate in conjunction with the making of
expenditures

except pursuant to the limits set forth in 13-37-216(1).

     (25) "Independent expenditure" means an expenditure for an election
communication to support or oppose a candidate or ballot issue made at any
time that is not coordinated with a candidate or ballot issue committee.

     (26) "Individual" means a human being.

     (27) "Legally registered elector" means an individual whose application
for voter registration was accepted, processed, and verified as provided by
law.

     (28) "Mail ballot election" means any election that is conducted under
Title 13, chapter 19, by mailing ballots to all active electors.

     (29) "Person" means an individual, corporation, association, firm,
partnership, cooperative, committee, including a political committee, club,
union, or other organization or group of individuals or a candidate as
defined in subsection (8).

     (30) "Place of deposit" means a location designated by the election
administrator pursuant to 13-19-307 for a mail ballot election conducted
under Title 13, chapter 19.

     (31) (a) "Political committee" means a combination of two or more
individuals or a person other than an individual who receives a contribution
or makes an expenditure:

     (i)  to support or oppose a candidate or a committee organized to
support or oppose a candidate or a petition for nomination;

     (ii) to support or oppose a ballot issue or a committee organized to
support or oppose a ballot issue; or

     (iii) to prepare or disseminate an election communication, an
electioneering communication, or an independent expenditure.

     (b)  Political committees include ballot issue committees, incidental
committees, independent committees, and political party committees.

     (c)  A candidate and the candidate's treasurer do not constitute a
political committee.

     (d)  A political committee is not formed when a combination of two or
more individuals or a person other than an individual makes an election
communication, an electioneering communication, or an independent expenditure
of $250 or less.

     (32) "Political party committee" means a political committee formed by a
political party organization and includes all county and city central
committees.

     (33) "Political party organization" means a political organization that:

     (a)  was represented on the official ballot in either of the two most
recent statewide general elections; or

     (b)  has met the petition requirements provided in Title 13, chapter 10,
part 5.

     (34) "Political subdivision" means a county, consolidated
municipal-county government, municipality, special purpose district, or any
other unit of government, except school districts, having authority to hold
an election.

     (35) "Polling place election" means an election primarily conducted at
polling places rather than by mail under the provisions of Title 13, chapter
19.

     (36) "Primary" or "primary election" means an election held on a date
specified in 13-1-107 to nominate candidates for offices filled at a general
election.

     (37) "Provisional ballot" means a ballot cast by an elector whose
identity or eligibility to vote has not been verified as provided by law.

     (38) "Provisionally registered elector" means an individual whose
application for voter registration was accepted but whose identity or
eligibility has not yet been verified as provided by law.

     (39) "Public office" means a state, county, municipal, school, or other
district office that is filled by the people at an election.

     (40) "Random-sample audit" means an audit involving a manual count of
ballots from designated races and ballot issues in precincts selected through
a random process as provided in 13-17-503.

     (41) "Registrar" means the county election administrator and any
regularly appointed deputy or assistant election administrator.

     (42) "Regular school election" means the school trustee election
provided for in 20-20-105(1).

     (43) "School election" has the meaning provided in 20-1-101.

     (44) "School election filing officer" means the filing officer with whom
the declarations for nomination for school district office were filed or with
whom the school ballot issue was filed.

     (45) "School recount board" means the board authorized pursuant to
20-20-420 to perform recount duties in school elections.

     (46) "Signature envelope" means an envelope that contains a secrecy
envelope and ballot and that is designed to:

     (a)  allow election officials, upon examination of the outside of the
envelope, to determine that the ballot is being submitted by someone who is
in fact a qualified elector and who has not already voted; and

     (b)  allow it to be used in the United States mail.

     (47) "Special election" means an election held on a day other than the
day specified for a primary election, general election, or regular school
election.

     (48) "Special purpose district" means an area with special boundaries
created as authorized by law for a specialized and limited purpose.

     (49) "Statewide voter registration list" means the voter registration
list established and maintained pursuant to 13-2-107 and 13-2-108.

     (50) "Support or oppose", including any variations of the term, means:

     (a)  using express words, including but not limited to "vote", "oppose",
"support", "elect", "defeat", or "reject", that call for the nomination,
election, or defeat of one or more clearly identified candidates, the
election or defeat of one or more political parties, or the passage or defeat
of

one or more ballot issues submitted to voters in an election; or

     (b)  otherwise referring to or depicting one or more clearly identified
candidates, political parties, or ballot issues in a manner that is
susceptible of no reasonable interpretation other than as a call for the
nomination, election, or defeat of the candidate in an election, the election
or defeat of

the political party, or the passage or defeat of the ballot issue or other
question submitted to the voters in an election.

     (51) "Valid vote" means a vote that has been counted as valid or
determined to be valid as provided in 13-15-206.

     (52) "Voted ballot" means a ballot that is:

     (a)  deposited in the ballot box at a polling place;

     (b)  received at the election administrator's office; or

     (c)  returned to a place of deposit.     

(53) "Voter interface device" means a voting system that:

     (A) IS ACCESSIBLE TO ELECTORS WITH DISABILITIES;

     (B) communicates voting instructions and ballot information to a voter
and that;

     (C) allows the voter to select and vote for candidates and issues and to
verify and change selections; and that     

(D) produces a paper ballot that DISPLAYS ELECTORS' CHOICES SO THE ELECTOR
CAN CONFIRM THE BALLOT'S ACCURACY AND THAT may be manually counted.     

(53)(54) "Voting system" or "system" means any machine, device, technology,
or equipment used to automatically record, tabulate, or process the vote of
an elector cast on a paper ballot."     

Section 3.  Section 13-12-202, MCA, is amended to read:     

"13-12-202.  Ballot form and uniformity. (1) The secretary of state shall
adopt statewide uniform rules that prescribe the ballot form for each type of
ballot used in this state. The rules must conform to the provisions of this
title unless the voting system used clearly requires otherwise. At a minimum,

the rules must address:

     (a)  the manner in which each type of ballot may be corrected under
13-12-204;

     (b)  what provisions must be made on the ballot for write-in candidates;

     (c)  the size and content of stubs on paper ballots, except as provided
in 13-19-106(1);

     (d)  how unvoted ballots must be handled;

     (e)  how the number of individuals voting and the number of ballots cast
must be recorded; and

     (f)  the order and arrangement of voting system ballots.

     (2)  The names of all candidates to that appear on the ballots the face
of a ballot must be appear in the same font size and style.

     (3)  Notwithstanding 13-19-106(1) and except as provided in [section 1],
when the stubs are detached, it must be impossible to distinguish any one of
the ballots from another ballot for the same office or issue.

     (4)  The ballots must contain the name of each candidate whose
nomination is certified under law for an office and no other names, except
that the names of candidates for president and vice president of the United
States must appear on the ballot as provided in 13-25-101(5)."     

Section 4.  Section 13-17-103, MCA, is amended to read:     

"13-17-103.  Required specifications for voting systems. (1) A voting system
may not be approved under 13-17-101 unless the voting system:

     (a)  allows an elector to vote in secrecy;

     (b)  prevents an elector from voting for any candidate or on any ballot
issue more than once;

     (c)  prevents an elector from voting on any office or ballot issue for
which the elector is not entitled to vote;

     (d)  allows an elector to vote only for the candidates of the party
selected by the elector in the primary election;

     (e)  allows an elector to vote a split ticket in a general election if
the elector desires;

     (f)  allows each valid vote cast to be registered and recorded within
the performance standards adopted pursuant to subsection (2) (3);

     (g)  is protected from tampering for a fraudulent purpose;

     (h)  prevents an individual from seeing or knowing the number of votes
registered for any candidate or on any ballot issue during the progress of
voting;

     (i)  allows write-in voting;

     (j)  will, if purchased by a jurisdiction within the state, be provided
with a guarantee that the training and technical assistance will be provided
to election officials under the contract for purchase of the voting system;

     (k)  uses a paper ballot that allows votes to be manually counted; and

     (l)  allows auditors to access and monitor any software program while it
is running on the system to determine whether the software is running
properly.     

(2) A voter interface device may not be approved for use in this state unless
the device:

     (a) meets the electronic security standards adopted by the secretary of
state;

     (b) provides accessible voting technology for electors with hearing,
vision, speech, or ambulatory impairments; and

     (c) meets all requirements specified in subsection (1); AND

     (D) HAS BEEN MADE AVAILABLE FOR DEMONSTRATION AND USE BY ELECTORS WITH
DISABILITIES IN AT LEAST ONE PUBLIC EVENT HELD BY THE SECRETARY OF STATE.

(2)(3)  To implement the provisions of subsection (1)(f), the secretary of
state shall adopt rules setting a benchmark performance standard that must be
met in tests by each voting system prior to approval under 13-17-101. The
standard must be based on commonly accepted industry standards for readily
available

technologies."     

NEW SECTION.  Section 5.  Codification instruction. [Section 1] is intended
to be codified as an integral part of Title 13, chapter 3, part 2, and the
provisions of Title 13, chapter 3, part 2, apply to [section 1].     

NEW SECTION.  Section 6.  Effective date. [This act] is effective on passage
and approval.

- END -

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Latest Version of SB 291 (SB0291.02)

Processed for the Web on February 26, 2019 (5:13pm)

New language in a bill appears underlined, deleted material appears stricken.

Sponsor names are handwritten on introduced bills, hence do not appear on the
bill until it is reprinted.

Prepared by Montana Legislative Services

(406) 444-3064

Joy Breslauer, First Vice President

National Federation of the Blind of Montana 

Web Site: http://www.nfbofmt.org <http://www.nfbofmt.org/> 

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